Marianna Wrongful Death Lawyer

Wrongful Death Representation in Jackson County & the Florida Panhandle

If you have lost a loved one due to the negligence of another, your grief and shock is compounded by the uncertainty of your financial future. While nothing can ever make up for the loss of the person you loved, a wrongful death claim can address the financial insecurity you may be facing. It can also bring a measure of closure to your situation.

At the Law Offices of B. Shannon Saunders, PA, we are deeply sensitive to the needs of those family members struggling in the wake of a wrongful death. For 20 years, we have helped countless individuals and families across the Panhandle with personal injuries and fatalities. We can help you by providing caring and competent guidance through the legal claims process.

Lost a Loved One Due to Negligence? Contact us at (850) 800-9088 for a free consultation and let us help you seek justice.

Florida Statute of Limitations for Wrongful Death Claims

Wrongful death claims must be filed within two years of the date of death. Generally, these claims are filed by the personal representative of the deceased person’s estate. This representative files on behalf of the estate and the surviving family members, such as spouses, children, parents, or other relatives who were dependents.

If no personal representative was named in the decedent’s will or estate plan, the court will appoint one.

Damages that may be available in wrongful death claim can include:

• Medical expenses incurred prior to the death that caused the death
• Funeral and burial expenses
• Lost earnings that would have been accrued if the decedent had lived
• Loss of companionship, guidance, and protection for family members
• Loss of support or services that the decedent would have provided for family members

These claims are based on proven negligence, recklessness, or intentional harm that resulted in your loved one’s death. An example would be a drunk driver who hit and killed another person due to his impaired and intoxicated state.

Common Causes of Wrongful Death in Florida

Wrongful death claims arise when a person’s life is lost due to someone else’s negligence or misconduct. Some of the most common causes include:

• Car Accidents – Speeding, distracted driving, and impaired driving frequently result in fatal crashes. Negligent drivers who fail to follow traffic laws can be held responsible for wrongful death.
• Truck Accidents – Due to their size and weight, commercial trucks can cause catastrophic injuries. Fatal truck accidents often result from driver fatigue, improper loading, or negligent trucking companies.
• Motorcycle Accidents – Motorcyclists are especially vulnerable on the road. Fatal crashes often occur when drivers fail to yield, drive aggressively, or don’t see motorcyclists in their blind spots.
• Pedestrian Accidents – Pedestrians struck by vehicles often suffer fatal injuries, especially in high-traffic areas or crosswalks where drivers fail to yield or drive distracted.

If you’ve lost a loved one due to someone else’s negligence, you may have the right to seek compensation. Speaking with an experienced wrongful death attorney can help you understand your legal options.

How to Prove a Wrongful Death Claim in Florida

For a wrongful death claim to be successful, certain legal elements must be proven:

• Duty of Care – The responsible party had a legal obligation to act in a safe and responsible manner (e.g., drivers must follow traffic laws, doctors must provide competent medical care).
• Negligence – It must be shown that the defendant acted carelessly, recklessly, or failed to fulfill their duty of care.
• Causation – A direct link between the defendant’s actions and the victim’s death must be established.
• Damages – The family must demonstrate financial and emotional losses, such as medical bills, funeral expenses, and loss of companionship.

Who Can File a Wrongful Death Lawsuit in Florida?

Florida law limits who can file a wrongful death lawsuit. The following parties may seek compensation:

• Personal Representative of the Estate – The claim is typically filed by the representative on behalf of surviving family members.
• Surviving Spouse, Children, & Parents – Immediate family members are eligible to recover damages.
• Other Dependents – Blood relatives or adoptive siblings who relied on the deceased for financial support may also file a claim.

Understanding Florida’s No-Fault Insurance & Wrongful Death

Florida follows a no-fault car insurance system, which means that after an accident, each driver’s own insurance covers their medical expenses. However, wrongful death claims may bypass this system in certain cases:

• If the accident results in death, surviving family members may file a claim against the at-fault driver’s insurance, rather than relying solely on personal injury protection (PIP).
• If the at-fault driver was negligent, such as in cases of drunk driving or reckless driving, a wrongful death lawsuit can be pursued outside the no-fault system.